Another drawn-out public records battle is brewing on Beacon Hill after state Senate leaders pointed to the “constitutionality” of Question 1 — even after 86% of voters backed it this week.
It’s the same verbiage used to fight against the 2025 voter-approved legislative audit that has sputtered.
Question 1 was overwhelmingly successful, with a whopping 85.9% of Massachusetts voters approving the measure to make most records held by the Legislature and Governor’s Office available to the public under the Massachusetts Public Records Law. That tally is with 98% of precincts reporting.
Under current state law, the Governor’s Office, the Legislature and Judiciary are all exempt.
Senate President Spilka (D-Ashland) declined to answer questions Thursday from the Herald on whether the Legislature will comply with this new public records law expansion or attempt to thwart it, as seen with state Auditor Diana DiZoglio’s efforts to carry out the 2024 Legislative audit that was approved by 72% of voters.
“I’d like to focus now on the gun safety bill, if there’s any, the fact that it too passed so overwhelmingly. If there’s questions on that, I’d love to take those. That’s what we’re here for today, first,” said Spilka, who had been asked about Question 1 following a press conference celebrating the passage of Question 9 gun law.
Spilka tossed the reins to Sen. Cynthia Stone-Creem (D-Norfolk & Middlesex), who said lawmakers will work to adhere to the will of voters while also “preserving the constitution.”
“We’ve heard the voters. We know exactly the same numbers you know, and we’re working hard to consider the wishes of the voters and really to also do what our constitution needs to be done. So I can’t say where that’s going to end, but we’re not tone deaf and we’re balancing their interests with the right to preserve the constitution,” said Creem.
When confronted by the Herald with the fact that Spilka and House Speaker Ron Mariano (D-Quincy) cited “constitutional concerns” as a means of denying compliance with the Legislative audit, Creem told the Herald lawmakers are “not playing any games with it.”
“I’m telling you that we’re working, we heard the voters and that’s what we’re working on,” she said.
DiZoglio has already sounded the alarm to voters on the efforts she says are currently underway on Beacon Hill to thwart Question 1.
“There are already ongoing legislative efforts to overturn the public records law we just passed. Let me be clear: lawmakers should not interpret this election as an invitation to rewrite the law to protect themselves, yet again, from the public’s mandate. Voters were given a clear choice, and they made their decision. The people of Massachusetts deserve a government that operates in the sunlight,” DiZoglio told the Herald on Wednesday in reaction to Question 1’s success.
“The Legislature operates largely behind a veil of secrecy, despite the fact that state agencies, as well as our cities and towns, must comply with the public records law. That double standard is simply unacceptable, and I am incredibly grateful to the voters for standing up and making their voices heard,” she said.
In the hours following the press conference, Spilka’s office sent a statement to the Herald regarding Question 1, saying Legislative leadership “agrees” with voter demands for more transparency in state government.
“Massachusetts voters want greater transparency in state government — and we agree. The public should absolutely have a process to request and access documents from the Governor and the Legislature,” said Spilka. “As with many ballot measures, there are details to be worked out, but it’s clear that this is something the voters want and deserve.”
Gov. Maura Healey has been criticized, particularly by DiZoglio, for not making an earnest effort to support the Legislative audit.
“Governor Healey supported question one and will honor the will of the voters,” Healey spokesperson Jacqueline Manning told the Herald.
The 2024 Legislative audit was effectively rejected by state lawmakers in both the House and Senate, which replaced the voter-approved law with their own resolutions. The move was criticized by many as window-dressing that ultimately allows each respective branch to deny certain records and even end any ongoing audit.
Massachusetts is the only state in the entire country where the Governor’s Office, the Judiciary and state Legislature are all exempt from the public records law, something legislative leaders, state courts and Gov. Healey have all taken advantage of in their respective positions.
The exemption contributes to Massachusetts’ reputation of hosting the least transparent state government in the United States, an issue brought back into the spotlight when the Society of Professional Journalists (SPJ) in March named the Bay State the 2026 recipient of its “Black Hole” award — meaning it is the state where the most transparency and information is lost.
Documents related to the development of public policy and communications between legislators and their constituents will remain exempt under the newly passed law.
Question 1 takes effect on Jan. 1, 2027.
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